Contract & employment law quizlet

  • Mutual Agreement(assent) "Meeting of the Minds" which is usually evidenced by an offer and acceptance. Contractual Capacity of The Parties (at least two) Some people have no legal capacity to contract, others a limited capacity to contract (e.g a minor)Consideration. Legality of subject matter.

Do you need a written employment contract?

A written employment contract is not always required, and as long as it has the basic elements of a contract, an oral agreement will be binding

- a fixed term contract for a period that exceeds one year must be written, and an offer stating that employment is conditional on the execution of a written contract requires a written Contract

What are implied terms in a written contract?

the court considers what terms the parties would likely have agreed on had they put their minds to the issue

Standard implied terms include both parties' obligation to provide reasonable notice and the employee's duty of good faith towards employer

HOW FORMAL SHOULD A WRITTEN CONTRACT BE?

What are the key terms of a contract?

Golden parachute, Key terms of a contract include the names of the parties, the starting date, the job title and description, the duration, the compensation, and the termination clause

Contracts may Include any terms that are not prohibited by law, although employers should word them carefully to avoid liability


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